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N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
Yashwant Etc. – Appellant
Versus
State of Maharashtra – Respondent
Question 1? Question 2? Question 3?
Key Points: - All murders are culpable homicide, but the vice versa may not be true in all cases. (!) - Causation: factual and legal causation under Section 299 IPC; link between police injuries and death not established; Section 299 not attracted; no Section 302/304. (!) (!) (!) - Custodial death: need to amend evidence law; deterrence and appropriate sentencing for custodial torture; Nuremburg defence discussed; higher punishment under Section 330 enhanced from 3 to 7 years. (!) (!) (!) (!) (!) (!)
JUDGMENT :
N.V. Ramana, J.
“With great power comes greater responsibility”
1. At the outset it is important to note that our police force need to develop and recognize the concept of ‘democratic policing’, wherein crime control is not the only end, but the means to achieve this order is also equally important. Further the turn of events in this case obligates us to reiterate herein that ‘be you ever so high, the law is always above you!’
2. These criminal appeals are filed against the impugned common order and judgment, dated 13.12.2007, passed by the High Court of Judicature at Bombay, Nagpur Bench, in Criminal Appeal Nos. 393, 394, 395, 397, 419 and 420 of 1995. As the incident is same and contentions canvassed individually, being similar, we proposed to deal with the judgment through this common order.
3. The prosecution’s case in brief are that on 23.06.1993, Police Inspector (P.I) Narule (A1) was on duty, when one head constable Telgudiya (PW48), working at the concerned Police Station, Deolapar came to P.I Narule (A1) accompanied by three persons namely Ganeshprasad, Arunkumar
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